DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Highlands Council
(AG2017/3809)

CENTRAL HIGHLANDS COUNCIL ENTERPRISE AGREEMENT 2017

Tasmania
COMMISSIONER MCKINNON	MELBOURNE, 23 NOVEMBER 2017

Application for approval of the Central Highlands Council Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Central Highlands Council Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Central Highlands Council. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 November 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Central Highlands Council was the applicant before the Fair Work Commission, seeking approval for the Central Highlands Council Enterprise Agreement 2017. The applicant's intention was to have the agreement recognised as a safety net compliant agreement under the Fair Work Act 2009. The dispute involved the negotiation and approval of the enterprise agreement which governs the terms and conditions of employment for the council's employees. The Fair Work Commission was tasked with determining whether the agreement met the legislative requirements for safety net compliance.

The primary legal issue before the Commission was whether the agreement met the criteria for approval as a safety net compliant agreement. This included assessing whether the agreement provided minimum rates of pay and conditions that were not less favourable than the applicable award or safety net provisions. The Commission also had to consider whether the agreement provided for appropriate consultation and notice provisions. Furthermore, the Commission had to determine if the agreement complied with the requirement for the preservation of the right to bargain collectively.

The Fair Work Commission concluded that the agreement was safety net compliant. The Commission found that the agreement's minimum rates of pay and conditions were not less favourable than those provided by the relevant award or safety net provisions. The Commission was satisfied that the agreement contained adequate consultation and notice provisions. Additionally, the agreement preserved the right to bargain collectively, which was a requirement under the Act. The Commission approved the agreement, finding it to be compliant with all the relevant legislative provisions.

The Commission's decision resulted in the approval of the Central Highlands Council Enterprise Agreement 2017. The agreement now serves as the governing document for the terms and conditions of employment for the council's employees, providing a framework that ensures safety net compliance while allowing for appropriate workplace negotiations and agreements.

Central Highlands Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established